Case Claims Calif. Buffalo Wild Wings Employees Owed Unpaid Wages for Off-the-Clock Work
by Erin Shaak
Devore v. BWW Resources, LLC et al.
Filed: September 3, 2021 ◆§ 2:21-cv-01586
Buffalo Wild Wings restaurants in California have failed to provide workers with proper breaks and reimbursement for business expenses, a lawsuit alleges.
California Labor Code California Business and Professions Code California Unfair Competition Law
California
The operators of Buffalo Wild Wings restaurants in California have failed to provide workers with proper meal and rest breaks and reimbursement for business expenses, according to a proposed class action.
Per the case, defendants BWW Resources, LLC; Inspire Brands, Inc.; and Buffalo Wild Wings, Inc. owe workers unpaid compensation for the times they were required to clock out and work through breaks and use their personal vehicles to drive to other Buffalo Wild Wings locations without being compensated for their time and expenses. The case claims these alleged failures caused workers to be deprived of accurate wage statements, mandatory under California law, given their paystubs failed to properly state every hour worked.
The defendants, according to the suit, have “acted with deliberate indifference and conscious disregard to the rights of employees” under California law.
Buffalo Wild Wings employees, the lawsuit attests, were instructed to clock out for a 30-minute meal period at the start of each shift and then work the entirety of their shift without taking a break. According to the suit, workers were not only denied 30-minute meal breaks and 10-minute rest periods but were not compensated for off-the-clock work performed while they were clocked out.
The lawsuits claims that although the plaintiff “specifically complained” about this practice to Buffalo Wild Wings management, the restaurant operators failed to ensure that proper breaks were provided.
The lawsuit goes on to claim that workers were often required to drive to other Buffalo Wild Wings locations in their own personal vehicles without being paid for their time and expenses. Per the case, the employees’ off-the-clock work and unreimbursed expenses also violated the California Labor Code.
The complaint, which was initially filed in Sacramento County Superior Court before being removed to California’s Eastern District Court on September 3, looks to represent all non-exempt employees who worked for the defendants in California at any time in the four years prior to July 27, 2021 and through the date the matter is certified as a class action.
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